Opinion
May 5, 1986
Appeal from the Supreme Court, Kings County (Broomer, J.).
Judgment affirmed.
The defendant was accused of selling a quantity of cocaine to an undercover officer at a lounge where the defendant was employed as a manager. The alleged sale had been arranged by a confidential informant, but the informant was not present during the transaction, which occurred in a back room at the lounge.
The defendant argues on appeal that production of the confidential informant at trial should have been required. We disagree. The confidential informant was not an eyewitness to the alleged transaction and the defendant raised no defense which would have made the testimony of the informant relevant. In addition, there was no close question as to identity. The undercover officer observed the defendant for two minutes at close range under good lighting conditions during the transaction and for much longer periods in the lounge on two separate occasions. The defendant was also placed at the scene on the evening in question by several members of a police backup team. The defendant himself admitted employment at the lounge and did not deny that he was there on the evening of the sale. Under these circumstances, the defendant has failed to sustain his burden of showing a necessity for production of the confidential informant (see, People v Goggins, 34 N.Y.2d 163, cert denied 419 U.S. 1012; People v Gilmore, 106 A.D.2d 399).
We have also determined that the trial court did not abuse its discretion in denying the defendant's Sandoval motion (see, People v Duffy, 36 N.Y.2d 258, cert denied 423 U.S. 861; People v Sandoval, 34 N.Y.2d 371).
We have reviewed the defendant's remaining contentions and have determined that they are without merit. Gibbons, J.P., Thompson, Niehoff and Rubin, JJ., concur.